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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Builder not completed job


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What is the name of the builder who has been letting you down?

How much have you paid him and how did you pay?

Is there any money outstanding

I think you will need to get an independent assessment of the work that has been carried out so far and also an independent assessment of the quality of the scaffolding which is in place.

You could also ask your new builder to give you a written commentary on the condition of the scaffolding that I think you will need an independent assessment as well.

How much are we talking about here for dismantling the scaffolding and then putting up new scaffolding to your new builder specification?

 

How much of a refund are you looking for?

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You haven't told us who the builder is.

Scaffolding is a bit technical and I think you need an independent assessment of it before you can start sewing for a refund. Does the £1500 include removal of the old scaffolding?

 

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The name is helpful to us because we may be able to find out other information about the builder that you haven't discovered yet. Also we will be able to get a better view of the possibilities of enforcement because if it goes there, you may well be able to get a judgement – in fact you probably will – but enforcing adjustment can be a completely different kettle of fish and it is possible to be left with simply your court costs, a judgement and no enforcement.

Also, knowing the name of the builder might trigger other people who check on Google or who visit this site and who have had similar experiences and might contribute to the discussion

Finally, this is a community where we all share our various experiences as fully as possible. All the help and advice you get here is free of charge but others might be able to benefit from this thread and putting up the name of the builder will help.

You found yourself a builder who is producing inadequate work and when you are trying to sort it out he then starts becoming uncooperative when in fact it is clear that he probably does owe the money. This is the man you want to protect.

Have you had a written assessment from your new builder as to what he considers are the shortcomings of the present scaffolding? Is there the slightest possibility that your new builder is trying to add a little value to his job by looking for a margin on the scaffolding as well?

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What has insurance got to do with it?

I'm absolutely certain that you will need to get an independent assessment of the quality of the scaffolding which was erected by your secret builder. I suppose it was the secret builder who put the scaffolding up – was it?

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Sorry but it's unclear what you're saying. Your secret builder put the scaffolding up to a scaffolding company. Does this mean that the scaffolding company actually put up the scaffolding but your first secret builder arranged it/contracted with them to do it? Or did your secret builder simply receive the scaffolding and then put it up himself?



 

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Well both you and your secret builder have a duty to mitigate your loss. If there is a perfectly usable scaffolding in place then a court might consider that it is unreasonable for you to insist on it being taken down simply to be replaced with basically an identical scaffolding just to satisfy your new builder.

Also I have to say now, that I think you are going into very difficult territory if you are proposing to rely on a neighbour to carry out the work or to complete it. If things go wrong there, you may find yourself in conflict with somebody close by who knows other people and this is somebody who you might have to pass in the street every day.
This is not the kind of thing which can be very helpful to neighbourly/local good relations.

Are you sure this is what you want to do?
Maybe you have simply approached your neighbour because it is somebody close by and who express an opinion that you have already got yourself into a problem by choosing a builder who is clearly not up to the job but who you want to continue protecting – and may be the whole thing is it needs a little bit more thought before you start taking on another builder simply on the basis that that person is a neighbour.
Maybe it would be better to keep a certain distance from these people when you enter into contracts with them.
 

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